The things you wanted and cared about when you created your prenuptial agreement may not always remain the same. Therefore, it is possible for a married couple to alter or cancel their prenuptial agreement as long as they are both on the same page. One spouse cannot cancel or change the prenuptial agreement alone.
Amending or Releasing a Marital Agreement
A valid prenuptial agreement cannot exist without the consent of both parties, so it should go without saying that the consent of both parties must agree to make any changes. If you are able to reach an agreement regarding the changes you wish to include, you will need to attach a revision, also known as an amendment, at the end of your agreement. Attaching an amendment to a marital agreement can be complicated, requiring specific legal language to change the parts you would both like to update, so it is essential to hire an experienced attorney. Additionally, your amended agreement must be signed and notarized to ensure the changes are valid.
In some cases, spouses may wish to do away with their marital agreement altogether. If you and your spouse agree to do away with your prenuptial agreement, you can use a Release of Marital Agreement, which is a document that must be signed by both you and your spouse. It must also be notarized by a public notary. Since canceling a marital agreement can substantially change the legal rights established for both spouses, you may face many of the same rules you initially encountered while creating this important legal document. An experienced attorney can guide you through all the proper steps to ensure you effectively alter or cancel your prenuptial agreement.
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If your marital agreement is no longer suitable for your needs and your spouse agrees to either change or cancel the agreement, consider hiring an attorney to assist you with this process. At Fait & DiLima, LLP, our family law team is skilled in helping clients navigate such matters and will ensure your specific needs and goals are met. We understand that a couple’s wants and needs can change, which is why you can feel confident in our ability to provide exceptional legal guidance and advice.